Supreme Court upholds Obiano’s election

The Supreme Court has upheld the decisions of the election tribunal and the Court of Appeal, Enugu, that Anambra State Governor Willy Obiano won last November governorship election.

The court, in three separate judgments read yesterday by Justices Banyang Akaahs, Olukayode Ariwoola and John Okoro, dismissed the appeals by the candidate of the All Progressives Congress (APC), Chris Ngige; the Peoples Democratic Party (PDP) and its candidate, Tony Nwoye.

The court held that the appellants failed to prove their allegations that the election was not conducted in compliance with the Electoral Act.

The three appeals were based on the arguments by the appellants that the upgrade of the voters register by the Independent National Electoral Commission (INEC) few days before the election was a violation of the Electoral Act; that INEC disenfranchised voters; that Obiano was not qualified to contest the election, having allegedly engaged in multiple registration and that INEC did not comply with the Electoral Act in conducting the election.

They called for the cancellation of the election and the conduct of a fresh poll.

Justice Akaahs, who read the lead judgment in the appeal by Ngige, held that the appellants failed to substantiate their claims and that in the circumstance, the apex court had no reason to disturb the findings of facts by the Election Petition Tribunal and the Court of Appeal.

He said: “The petitioners called 25 witnesses when there were over 4,000 polling units in the state and over one million voters. The Justice Muhammadu Uwais Reform Committee had recommended that the burden of proving that elections were conducted in substantial compliance with the law rests with the INEC. But since the recommendation has not been passed into law, the onus of proof still rests with the petitioner.

“The allegation that there were mistakes in the voters register could not be seen as an act of non-substantial compliance with the provisions of the Electoral Act.”

Justice Akaahs also held that INEC’s action in correcting the mistakes in the voters register was not enough for the appellant to argue non-compliance with the Electoral Act and call for the cancellation of the election.

On the allegation that Obiano engaged in multiple registration, Justice Akaahs held that the appellant failed to provide the evidence that the governor registered more than once.

The judge held that where the allegation of disenfranchisement of voters could not be established, the results of the election would be determined by the number of votes.

He said: “Almost all the issues raised in this appeal are issues of facts, which the tribunal made pronouncements on and which were endorsed by the Court of Appeal. The Supreme Court will not interfere in the two concurrent findings of the two lower courts as the appellants have not been able to provide the evidence that the decisions were biased.

“The appeal, therefore, lacks merit and is accordingly dismissed.”

Justice Akaahs affirmed INEC’s declaration of Obiano as the duly elected governor of Anambra State.

Justice Ariwoola, in his lead judgment in the appeal by Nwoye, held that “the appellant’s allegation of non-compliance with the Electoral Act failed woefully”.

The justice added: “He (Nwoye) has not shown why this court will interfere with the concurrent findings of the court below. The appeal is, therefore, dismissed.”

Justice Okoro, in dismissing PDP’s appeal, held that the party failed to prove its case.

He said: “On the first issue, which the appellant raised that Obiano was not qualified to have stood elections, he was alleged to have violated Section 81(5) of the Electoral Act; the allegation is founded on Section 31(5) of the Electoral Act. The appellant was unable to convince the court that Obiano was convicted of any offence to warrant his disqualification.

“Such allegations cannot be ventilated at the election petitions tribunal. The Federal High Court and State High Court are venues for the ventilation of such claims, as the electoral tribunals lack the powers to disqualify a candidate for multiple registration in an election that has been concluded. This is common sense.

“In view of the fact that the allegations against Obiano are criminal in nature, they ought to have been proved beyond all reasonable grounds. They also failed to prove that the election was not conducted substantially in compliance with the Electoral Act. We have come to an irresistible conclusion that the appellant failed to prove his case beyond reasonable ground. I, accordingly, dismiss the appeal.”

All Progressives Grand Alliance (APGA) National Chairman Victor Umeh said the court reinforced the confidence that Nigerians have in the Judiciary.

He said: “We are happy that the Supreme Court affirmed the election of Obiano as the governor of Anmabra State. What this means is that an APGA governor will be in office until 2018, for another four years.

“It is a lot of lifeline for the party. The decision will motivate the party to go into the 2015 general elections more determined, reinvigorated and focused to win more seats, more National Assembly and Houses of Assembly seats in 2015.

“So, we are going into the elections with one state in our kitty. Nobody knows what will happen next year.

“The judgment has clearly shown that our Judiciary is working. It is a real confirmation that the Judiciary is working and alive to its responsibilities.”